HomeMy WebLinkAbout18- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director Subject: Public Hearing— 10:00 am--Vacation of
a Portion of the East/West Alley East of"F" Street,
Dept: Development Services between 5th& 6'h Streets and Public Hearing for the sale
of a portion of Ci7 property located East of"F" Street,
Date: January 12, 2000 !n between 5a'and 6 Streets and Resolution Ordering
ORIu 1��JA� Vacation and Resolution Authorizing Execution of Sales
Agreement and Quitclaim Deed.
File No. 15.30-350
Synopsis of Previous Council Action: MCC Date: 02-07-2000
10-18-99—Authorization to Proceed with the sale of a portion of City property located east of"F" Street,
between 5h and 6'h Streets and the vacation of a portion of the east/west alley east of"F" Street,
between 5`h and 6'h Streets was granted,processing fees were waived and Plan No. 10025 was approved.
01-10-2000—Resolution 2000-1 was adopted setting a public hearing for the proposed vacation of a
portion of the east/west alley east of"F" Street,between 5`h and 6a' Streets and Resolution No. 2000-2
was adopted setting a public hearing for the sale of a portion of City property located east of"F" Street,
between 5h and 6h Streets.
Recommended Motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff Report from the
Director of Development Services, as to why a portion of the east/west alley east of"F" Street,
between 5h and 6fl' Streets, is no longer necessary for public street purposes, be adopted.
AND
2. That hearing relative to the sale of a portion of City property located east of"F" Street,
between 5h' and 6`h Streets be closed.
3. ADOPT RESOLUTIONS (2) AND
^Mchael E. frays
Contact person: LASZLO"Les"FOGASSY Phone: 5026
Supporting data attached: Staff Report, Maps, Ward: I
Resolutions
FUNDING REQUIREMENTS: Amount: $1,000.00
Source: (Acct. No.) 001-182-5011-0000
(Acct. Description) Real Property/Salaries
Finance:
Council Notes:
Agenda Item No.
A17/,Doo
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing— 10:00 am -- Vacation of a Portion of the East(West Alley East of"F" Street,
between 5'h& 6a' Streets and Public Hearing for the sale of a portion of City property located
East of"F" Street,between 5h and 6h Streets and Resolution Ordering Vacation and Resolution
Authorizing Execution of Sales Agreement and Quitclaim Deed.
BACKGROUND:
On October 18, 1999, this office was authorized to proceed with the sale of a portion of City
property,being 10 feet in width and 150 feet in length, located on the east side of"F" Street,
between 5h and 6" Streets, and the vacation of a 3 foot alley immediately south of and adjacent
to the 150 foot strip, and Plan No. 10025 depicting the proposed sale and vacation,was
approved.
This action was a result of a request by St. Bemardine Church,to vacate and close the alley for
safety reasons. They state that parishioners (including many elderly as well as small children)
traverse this alley going to and from the Church and the Parish Hall. They have indicated to us
that often cars speed through this alley, creating a safety hazard for the pedestrians. They also
state that there is an increased amount of loitering in the area. They have stated that there is a
significant amount of westbound traffic, even though this"alley" is one way(eastbound), and the
east entry into the alley is posted"Do Not Enter".
Since only the southerly 3 feet of this 13 foot alley is dedicated public right of way, and only that
portion can be vacated,the Church has asked to purchase the 10 foot strip and that the 3 foot
easement be vacated. Since the 3 foot easement is across church property,they had requested
that the $1,000 processing fee for the vacation be waived. The fee waiver was approved at the
Council Meeting of October 18, 1999.
City departments and utilities were notified of the proposed sale and the proposed vacation and
no conflicts were noted. Comcast Cable and GTE,however,have requested the reservation of an
easement for their existing facilities which will be reserved in the Resolution Ordering Vacation.
On January 10, 2000,Resolution No. 2000-1 was adopted setting a public hearing for February
7,2000, relative to the proposed vacation. At that same meeting,Resolution No. 2000-2 was
adopted, establishing fair market value of$1,500 and setting a public hearing regarding the
proposed sale. The City Charter allows the sale of City property valued under$25,000 to be sold
without the bidding process, as long as the property is sold at fair market value.
In regards to the proposed vacation, the Resolution of Intention was published in the San
Bernardino County Sun newspaper and the area posted. There appears to be no further
necessity for the area proposed for vacation for street purposes, and we recommend the
vacation based on the following facts:
Staff Report—Public Hearing— 10:00 am — Vacation of a Portion of the
East/West Alley East of"F"Street, between 5`h & 6rh Streets and Public Hearing
for the sale of a portion of City property located East of"F"Street, between 5`h
and 6`h Streets and Resolution Ordering Vacation and Resolution Authorizing
Execution of Sales Agreement and Quitclaim Deed(continued).
1. The proposed vacation has been determined by the Director of Development
Services to be of no further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
4. All of the City Departments and Public Utility Companies were notified of the
proposal and given an opportunity for a response. Certain easements were requested
for existing facilities and have been provided for in the Resolution of Intention and
the Resolution Ordering Vacation.
Relative to the proposed sale,the property proposed to be sold was posted giving notice of the
public hearing.
There are two resolutions attached for your action. The first resolution orders the vacation of the
alley. The second resolution authorizes the execution of an Agreement and Quitclaim Deed,
conveying the 10 foot strip to the Roman Catholic Bishop of San Bernardino for the amount of
$1,500.
FINANCIAL IMPACT:
$1,000 cost to City for vacation proceedings; $1,500 revenue to City from sales proceeds.
RECOMMENDATION:
Staff recommends that the public hearings be closed,the Findings of Facts be adopted and that
the attached Resolution Ordering Vacation and the Resolution Ordering the Execution of an
Agreement and Quitclaim Deed,be adopted.
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Location of Proposed
Vacation and sale of a Portion
of City Property
VICINITY MAP
CITY OF SAN BERNARDINO Proposed Vacation of the East/West alley
DEVELOPMENT SERVICES DEPARTMENT East of "F" Street, between 5th and 6th
REAL PROPERTY SECTION Streets and sale of a portion of City
property
® indicates un—incorporated areas
within Citys Sphere of Influence
Created by: L. Fogassy Date: !0/4/1999
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+ 6th STREET +
598.29'
FELDHEYM LIBRARY
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Par. 1
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150' Q
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Par. 1 Par. 2 \rl,� Par. 3 _
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ST. BERNARDINE 'Lj• O1
a
CHURCH
165.90' Q� 235' 196.30'
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+ 5th STREET +
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Sale of a portion of City CITY OF SAN BERNARDINO
property shown thus: DEVELOPMENT SERVICES
Area to be vacated REAL PROPERTY SECTION
shown thus: ® PLAN NO. 10025
j Created by: r Date: q -,
City Engin er Checked by: 9
Date: .'2 7^ l
File No.: 15.30-350 City Property No.: 06
OOFT
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED
EAST OF "F" STREET, BETWEEN 57" AND 6" STREETS AND RESERVING
4 PUBLIC UTILITY EASEMENTS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 having heard the evidence offered in relation to the proposed vacation of portions of the
9
10 east/west alley located east of"F" Street, between 5' and 6' Streets in said City, described in
11 Resolution of Intention No. 2000-1, hereby find from all of the evidence submitted that such
12 street proposed to be vacated by said Resolution is unnecessary for present and prospective street
13 purposes.
14 SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion
15
16 of the east/west alley located east of"F" Street, between 5' and 6' Streets in said City, more
17 fully described as follows:
18 The west 150 feet of that certain east/west alley, being a portion of the northerly 3 feet of
Parcel 1 of Parcel Map No. 4643, as per plat recorded in Book 50 of Parcel Maps,page
19 21, records of the County Recorder of San Bernardino County, State of California.
20 and also described in said Resolution of Intention No. 2000-1.
21 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
22
23 easements for public utility purposes belonging either to the City of San Bernardino or to any
24 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns,
25 an easement to construct, place, operate, inspect, maintain, repair and replace underground and
26 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
27 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
28 G
01/12/00 1 /Ol
cs,s /-7 /15n
i
RESOLUTION ORDERING VACATION-PORTIONS OF THE EASTIWEST ALLEY LOCATED EAST
1 OF"F"STREET BETWEEN 5' AND 6m STREETS.
. 2
3 Comcast Cable, its successors, heirs and assigns, an easement to construct, place, operate,
4 inspect, maintain, repair and replace underground and overhead structures consisting of Wires,
5
6 cables and necessary fixtures and appurtenances and said easement shall include rights of ingress
7 and egress.
8 SECTION 4. The City Clerk is hereby authorized and directed to file, or cause to be
9 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County,
10 and shall not take effect until such filing.
11
12
13
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20
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Q27
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01/12/00 2
RESOLUTION ORDERING VACATION—PORTIONS OF THE EAST/WEST ALLEY LOCATED EAST
1 OF°F^STREET BETWEEN 5" AND 61e STREETS.
2
3 I HEREBY CERTIFY that the foregoing resolution was duty adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof
5 held on the day f
Y , 2000, by the following vote, to wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10 MCGINNIS
11 SCHNETZ
12
13 SUAREZ
14 ANDERSON
15 MILLER
16
17 City Clerk
18 The foregoing resolution is hereby approved this day of 2000.
19
20 JUDITH VALLES, Mayor
21 City of San Bernardino
22
Approved as to form
23 and legal content:
24 JAMES F. PENMAN
25 City omey
n
26 By:
M
27
28
01/27/00 3
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A PORTION
4 OF CITY PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF "F"
5 STREET, BETWEEN 5"AND 6" STREETS IN THE CITY OF SAN BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy
10 of which attached hereto as Exhibit "A", and a Quitclaim Deed, a copy of which is
it attached hereto as Exhibit "B", for the sale of a portion of that certain City property
12 located on the east side of"F" Street, between 5' and 6' Streets, in said Ci
ry,
13 , and more
14 fully described in detail in said Exhibit"A"and said Exhibit `B".
15 SECTION 2. Said Agreement shall be null and void if either party fails to
16 execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
17
18
19
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21
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01/[2/00 t
1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND QUITCLAIM DEED FOR
SALE OF A PORTION OF CITY PROPERTY LOCATED ON THE EAST SIDE OF°F"STREET,
2 BETWEEN 5r"AND 6' STREETS.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6 held on the day of 20_, by the following vote, to
7 wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
II LIEN
12 MCGINNIS
13 SCHNETZ
14 SUAREZ
15
ANDERSON
16
17 MILLER
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of 20
21
22
23 JUDITH VALLES, Mayor
24 Approved as to form City of San Bernardino
and legal content:
25
JAMES F. PENMAN
26 City Attorney
27
By: �
28 /
011/12/2000 2
(See companion Item Res 2000-28)
1 RESOLUTION NO.2000-27
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED
EAST OF "F" STREET, BETWEEN 5TH AND 6T STREETS AND RESERVING
4 PUBLIC UTILITY EASEMENTS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 having heard the evidence offered in relation to the ro osed vacation of
P P portions of the
9
10 east/west alley located east of"F" Street, between 5' and 6' Streets in said City, described in
11 Resolution of Intention No. 2000-1, hereby find from all of the evidence submitted that such
12 street proposed to be vacated by said Resolution is unnecessary for present and prospective street
13 purposes.
14 SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion
15
16 of the east/west alley located east of"F" Street, between 51° and 6' Streets in said City, more
17 fully described as follows:
18 The west 150 feet of that certain east/west alley, being a portion of the northerly 3 feet of
Parcel 1 of Parcel Map No. 4643, as per plat recorded in Book 50 of Parcel Maps, page
19 21, records of the County Recorder of San Bernardino County, State of California.
20 and also described in said Resolution of Intention No. 2000-1.
21 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
22
23 easements for public utility purposes belonging either to the City of San Bernardino or to any
24 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns,
25 an easement to construct, place, operate, inspect, maintain, repair and replace underground and
26 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
27 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
28
01/12/00 1
2000-27
RESOLUTION ORDERING VACATION-PORTIONS OF THE EASTIWEST ALLEY LOCATED EAST
1 OF°F"STREET BETWEEN 5' AND 6T STREETS.
2
3 Comcast Cable, its successors, heirs and assigns, an easement to construct, place, operate,
4 inspect, maintain, repair and replace underground and overhead structures consisting of wires,
5
6 cables and necessary fixtures and appurtenances and said easement shall include rights of ingress
7 and egress.
8 SECTION 4. The City Clerk is hereby authorized and directed to file, or cause to be
9 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County,
10 and shall not take effect until such filing.
11
12
13
14
15
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19
20
21
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01/12/00 2
2000-27
RESOLUTION ORDERING VACATION—PORTIONS OF THE EAST/WEST ALLEY LOCATED EAST
1 OF°F"STREET BETWEEN 5'a AND 6m STREETS.
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof
5 held on the 7th day f February
Y , 2000, by the following vote, to wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA x
9 LIEN x
10 x
MCGINNIS
11 x
SCHNETZ
12
13 SUAREZ x
14 ``ANDERSON x
15 MILLER x
16 �
17 City Clerk
18 The foregoing resolution is hereby approved this 4—day February 2000.
19
20 LES, Mayor
21 ernardino
22
Approved as to form
23 and legal content:
24 JAMES F. PENMAN
25 City orney
26 By: 7h2o /�iu�
27
28
01/27/00 3
11 1
2000-28
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 7th day of February 2000,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
the ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, a corporation sole, ("BUYER")
mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of One Thousand Five Hundred
Dollars ($1,500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion
of that certain real property generally located on the east side of "F" Street, between 5'
and 6' Streets, in the City of San Bernardino, ("PROPERTY") being a portion of
Assessor's Parcel Number 0134-062-16, more fully described in Exhibit "A", attached
hereto and made a part hereof.
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of One
Thousand Five Hundred Dollars ($1,500.00), as payment in full for the purchase of said
PROPERTY.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances
and easements on said PROPERTY.
4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors,
officers, agents and employees from any and all damages or claims for damages of any
nature arising out of this Agreement and the actions to be conducted by the BUYER
pursuant to this Agreement.
5. BUYER shall pay all recording fees and title fees, including but not limited to title
insurance.
6. No obligations other than those set forth herein will be recognized.
2000-28
SALES AND PURCHASE AGREEMENT- PORTION OF CITY PROPERTYLOCATED ON
THE EAST SIDE OF "F" STREET, BETWEEN 5"AND e STREETS.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER: SELLER:
CITASBERNARDINO
BY:ROMAN CATHOLIC BISHOP OF H VALLES, Mayor
SAN BERNARDINO
Approved as to form ATTEST:
And legal content:
JAMES F. PENMAN, /ol, tit✓
City Attorney Rachet-Clark, City Clerk
BL
2000-2a
EXHIBIT "A"
Portion of City property located
East of"P" Street, between 5th and 6'h Streets.
That portion of Parcel 2 of Parcel Map 5650 as per plat recorded in Book 55 of Parcel Maps,
Page 19, records of the County Recorder of San Bernardino County, State of California,
described as follows:
Beginning at the Southwest corner of Parcel 1 of said Parcel Map 5650;
Thence East, along the South line of said Parcel 1, a distance of 150 feet to the Southeast comer
thereof,
Thence South, along the Southerly prolongation of the East line of said Parcel 1, a distance of 10
feet to the South line of Parcel 2 of said Parcel Map 5650;
Thence West, along the South line of said Parcel 2, a distance of 150 feet to the West line
thereof,
Thence North, along said West line, a distance of 10 feet to the Point of Beginning.
Contains 1500 square feet, ±
2000-28
L
+ 6th STREET +
598.29'
FELDHEYM LIBRARY
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Par. 2 F
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ST. BERNARDINE 'tj+
CHURCH
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165.90' 235' 196.30'
+ 5th STREET +
Sale of a portion of City CITY OF SAN BERNARDINO
property shown thus: DEVELOPMENT SERVICES
Area to be vacated REAL PROPERTY SECTION
shown thus: ® PLAN NO. 10025
/ Created by: f Date: q q
City Engin er Checked by: Date: /-' 7-77
File No.: 15.30-350 City Property No.: 06
2000-26
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Roman Catholic Bishop of San Bernardino
c/o St.Bernardine Church
531 N."F"Street
San Bernardino,CA 92410
APN:0134-062-16
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the CITY OF SAN
BERNARDINO,a municipal corporation, does hereby REMI SE, RELEASE AND FOREVER
QUITCLAIM to the ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, a corporation sole, the
following real property located in the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"
CITY OF SAN BERNARDINO,
OATS: 021,971,00 a rani ' al corporation
By: �
ITH VALLES, Mayor
ACKNOWLEDGEMENT OF 434"0
):
STATE OF CALIFO
COUNTY OF � ,(���/ �}, S.S.
On — 7- 7 before me,- ` L6 67V v - (�e'7�}'` 7 personally appeared
_i/ W,fti Iles , 12ia�a (-
personally(mown to me )to be the person(6)whose name(A) is/aP`subscribed
to the within instrument and acknowledged to me that jte/she/they executed the same in bi5/ber/thee authorized capacity(o),and that
by)z a/her/tW signature(s)on the instrument the person(z),or the entity on behalf of which person( ]acted,executed the
instrument.
WITNESS my hand and official seal.
C. G
`�•,• CDnm.ki 145063
// � aU1 BEPD&IC-CtiFGflIM�
eNNN4NDIHO DODNry
Signature Ero +o9 z.aaD, .
2000-28
EXHIBIT "A"
Portion of City property located
East of"F" Street, between 5'" and 6" Streets.
That portion of Parcel 2 of Parcel Map 5650 as per plat recorded in Book 55 of Parcel Maps,
Page 19, records of the County Recorder of San Bernardino County, State of California,
described as follows:
Beginning at the Southwest corner of Parcel 1 of said Parcel Map 5650;
Thence East, along the South line of said Parcel 1, a distance of 150 feet to the Southeast corner
thereof;
Thence South, along the Southerly prolongation of the East line of said Parcel 1, a distance of 10
feet to the South line of Parcel 2 of said Parcel Map 5650;
Thence West, along the South line of said Parcel 2,a distance of 150 feet to the West line
thereof;
Thence North, along said West line, a distance of 10 feet to the Point of Beginning.
Contains 1500 square feet, ±
2000-2s
L
+ 6th STREET +
596.29' I
FELDHEYM LIBRARY
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ST. BERNARDINE �'Lj• `�
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CHURCH
165.90' 235' 196.30'
+ 5th ST REET +
� I I �
Sale of a portion of City CITY OF SAN BERNARDINO
property shown thus: DEVELOPMENT SERVICES
Area to be vacated REAL PROPERTY SECTION
shown thus: ® PLAN NO. 10025
j Created by: T Date: q �q
City Engin er Checked by: Date:
File No.: 15.30-350 City Property No.: 06